At KPAG Kosmidis & Partner, we regularly handle debt recovery and enforcement cases in both Germany and Greece, selecting the most efficient course of action (action, cross‑border order for payment, etc.) based on duration, costs, national particularities, and procedural/substantive law.
Recognition and enforcement
Recognition and enforcement of German civil and commercial judgments and enforceable titles in Greece is regulated by:
- DE–GR Agreement of 4 Nov 1961 (mutual recognition/enforcement of judgments, settlements, and public documents)
- Brussels Convention of 27 Sep 1968 (jurisdiction and enforcement)
- Regulation (EC) No. 44/2001 (Brussels I)
- Regulation (EC) No. 805/2004 (European Enforcement Order for uncontested claims)
In practice, Brussels I and the EEO Regulation prevail in their scopes; the 1961 Agreement retains relevance for matters excluded from the scope of Brussels (status, capacity, representation, matrimonial property, succession including wills). The Regulations coexist and do not exclude each other even in cases where an EEO can be issued.
Exequatur (Brussels I)
German enforceable decisions are declared enforceable by the competent Greek court of first instance (exequatur) per Art. 38 Brussels I; likewise for public documents and court settlements. Brussels I does not apply to social security, insolvency/arrangements, arbitration, and other excluded areas as specified above.
The application must comply with Greek procedural formalities and be filed by a Greek lawyer to the competent court at the debtor’s place of domicile. Attach (Arts. 53–54):
- an authenticated copy of the decision; and
- the certificate in Annex V.
Translations are usually required and should be filed to avoid any delays.
The Greek court does not review the merits of the case under German law. Recognition may be refused if: manifestly contrary to Greek public policy; The defendant was improperly or untimely served and is in default; irreconcilable with a Greek decision between the same parties; or jurisdiction rules in Chapter II were violated. The decision is rendered without a hearing of the debtor; the debtor may appeal within one month of service. Pending appeals limit enforcement to protective measures. Refusal may be appealed by the creditor (Art. 43).
European Enforcement Order (EEO)
Reg. 805/2004 allows for the direct enforcement in other Member States of titles related to uncontested claims (decisions, settlements, public documents) certified as EEO by the court of origin, using the Regulation’s forms and requirements. Enforcement may still be refused or suspended in certain conflicts. Applies to all EU states except Denmark; scope: civil and commercial matters; excludes revenue, customs, administrative matters.
Practical aspects in Greece
Debtors often raise objections as to the service of form, causing delays. Even with an enforceability order, hurdles remain: wages are garnishable only in limited measure (e.g., up to half for maintenance; Art. 982(2) Greek CCP); self‑employed income is hard to trace; assets may be transferred to third parties, requiring separate actions. Pre‑check attachable assets with the assistance of a Greek enforcement specialist.
(As of early 2004. All information provided without guarantee.)